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Badrun Taman
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Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Published by Universitas Islam Negeri Fatmawati Sukarno Bengkulu
ISSN : 23555173     EISSN : 26569477     DOI : http://dx.doi.org/10.29300/mzn.v13i1
Core Subject :
Focus and Scope FOCUS This journal aims to disseminate scholarly works related to research and discussions in the field of Contextualized Islamic Law, contributing to an enhanced understanding of Islamic law. Through the publication of articles and research reports, it seeks to advance knowledge and enrich the discourse on Islamic law. SCOPE Jurnal Ilmiah Mizani welcomes research contributions from scholars, academics, and practitioners. Specifically, the journal invites papers addressing the following general topics: Contextualized Islamic Family Law Contextualized Islamic Criminal Law Contextualized Islamic Economic Law Contextualized Islamic Politics Contextualized Islamic Judicial System Contextualized Legal Aid in Islam Contextualized Islamic Jurisprudence
Arjuna Subject : -
Articles 303 Documents
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Analysis of Inheritance Division Based on Deeds Made Before Notary in Perspective of Sadd al-Dzari’ah (Study at Notary Office of Bengkulu City) Rizfitriani Alamsyah; Toha Andiko
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 8, No 1 (2021): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v8i1.2700

Abstract

This research aims to explain: 1) How is the distribution of inheritance made by the heirs based on the deed made before the notary perspective of Sadd Al-Dzari’ah?, 2) What is the position of the inheritance distribution deed made before the notary perspective of Sadd Al-Dzari’ah?. This type of research is library research. Data collection techniques using the Document Method. The conclusion states that, 1) The heirs in dividing the inheritance do not use the Islamic inheritance system but are divided in a family manner using each party discussing each other looking for a way out of the inheritance problem being faced. 2) The implementation of the inheritance distribution in a family is not intended to avoid furudhul muqaddarah (the part set out in the text), but is nothing but for the benefit of all heirs and avoid kemudharatan. To prevent this kemudharatan, then made the Deed of Inheritance before the notary public. So in the perspective of sadd al-dzari’ah, the position of making the deed of distribution of legal inheritance is sunnah
The Impact of Zakat Utilization and Business Financing on Welfare with Business Sustainability as a Moderating Variable (Case Study of BAZNAS Labuhanbatu Utara) Fadillah Ramadhani Siregar; Muhammad Syahbudi; Muhammad Lathief Ilhamy Nasution
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 11, No 2 (2024): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v11i2.4444

Abstract

This article aims to examine the impact of zakat utilization and business financing on the welfare of beneficiaries (mustahik), with business sustainability as a moderating variable. A case study was conducted at BAZNAS Labuhanbatu Utara. The research method employed a quantitative approach, utilizing questionnaires distributed to 100 mustahik who have received zakat in the form of business capital and participated in economic empowerment programs from 2023 to 2024. Data analysis was conducted using path analysis.The results indicate that zakat utilization has a significant positive impact on the welfare of mustahik. Additionally, business sustainability plays a crucial role as a moderating variable that strengthens the influence of zakat on mustahik welfare. This research underscores the importance of zakat management oriented towards business sustainability to enhance the long-term impact on the welfare of mustahik. Furthermore, it aligns with Islamic economic law, which emphasizes the ethical distribution of wealth and resources to ensure social justice and promote community welfare, reflecting the broader objectives of Maqasid al-Shariah in fostering economic development and reducing poverty. 
Reconstructing Peace Fines for Economic Crimes: Prosecutorial Discretion, Restorative and Transformative Justice within an Islamic Legal Ethics Framework Sutrisno Margi Utomo; M. Arfin Hamid; Amir Ilyas; Ali Rahman
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 13, No 1 (2026): January-June
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v13i1.10644

Abstract

The enforcement of economic criminal law in Indonesia confronts a persistent tension between procedural efficiency and substantive justice. This article examines the reconstruction of peace fines as an alternative resolution mechanism for economic crime cases within the Attorney General’s authority as dominus litis. Employing normative legal research with statutory and conceptual approaches, the study argues that peace fines reflect prosecutorial discretion consistent with restorative justice objectives, particularly the recovery of state losses and the restoration of social balance. Nevertheless, current implementation remains fragmented and vulnerable to legal uncertainty, unequal outcomes, and governance risks due to unclear standards, institutional capacity gaps, and weak accountability architecture. The analysis is structured around four issues: (1) the doctrinal position of the prosecution service as dominus litis; (2) the philosophical justification of peace fines using Radbruch’s triad of justice, utility, and legal certainty; (3) an institutional and systemic reading informed by Friedman’s legal system framework; and (4) a transformative-justice reconstruction model emphasizing proportionality, transparent criteria, and layered accountability. Crucially, this article situates the reconstruction of peace fines within the framework of Islamic legal ethics, arguing that the principles of maqasid al-shariʻah — particularly hifz al-mal (protection of property/wealth) and ʻadl (justice) — provide a normative foundation that is compatible with, and enriches, the transformative justice model proposed. The convergence of Islamic legal thought and modern restorative justice mechanisms offers a contextualized approach to economic crime resolution that is especially relevant in a Muslim-majority society such as Indonesia. The proposed model aims to align peace fines with fair, consistent, and auditable law enforcement outcomes.
KONSEP MAQASHID AL-SYARI`AH: PERBANDINGAN ANTARA PEMIKIRAN AL-GHAZALI DAN AL-SYATHIBI Suansar Khatib
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 5, No 1 (2018): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v5i1.1436

Abstract

This article explains the comparison of maqashid al-shari'ah thinking between al-Ghazali and al-Syathibi. The purpose and core of all Islamic teachings (Qur'an and hadith) is benefit. The need to prioritize the benefit of religious texts and ijma in the Muamalah region and adat if there is a contradiction between the two. Benefits prepared by humans must be included in the benefit of the text if there is a contradiction between the two. Both of them also agreed that the benefit was intended, the essence returned to the protection of humans themselves, but according to al-Thufi maslahah is the most authoritative independent proposition to determine legal policy. Benefit is not an authoritative proposition to determine legal policy. Benefit is not a legal proposition, but as the core and purpose of a law. According to him all the Islamic Shari'ah teachings have a causal relationship (muamalah) with benefit in the customary territory and muamalah. Intellect (intellect) of normal human beings can also know and find benefit in the area of muamalah and adat (tradition) not in the area of worship
Unregistered Marriage Between Indonesian Citizens and Foreign Citizens With the Legal Perspective of Marriage in Indonesia Muhammad Ngizzul Muttaqin
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 7, No 2 (2020): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v7i2.2591

Abstract

The practice of unregistered marriage between Indonesian citizens and foreign nationals always raises legal problems, both the law of marriage and the legal consequences of the marriage. This article aims to provide concrete legal solutions and steps to the practice of unregistered marriage between Indonesian citizens and foreign nationals. This study used literature research with qualitative descriptive methods, through a normative legal approach. The results show that unregistered marriage is a social symptom of modern society which always occurs in the practice of today’s society. Although unregistered marriage is not specifically regulated in the practice of mixed marriages, it often occurs and must be anticipated. The solution is that there are three legal options that can be taken: first, if the person concerned is domiciled in Indonesia and intends to become an Indonesian citizen, then s/he can register the marriage with the employee who registers the marriage and performs the marriage certificate according to the provisions. Second, if the person concerned is living abroad but wants to become an Indonesian citizen, then s/he can take legal steps by registering the marriage and marriage certificate at the Indonesian Embassy. Third, if the person concerned is domiciled and wants to become a resident of a foreign country, then the person concerned must take the legal route that has been determined in that country. Thus, family law in Indonesia can be adaptive and responsive to the dynamics of social change.
Judicial Application of the Theory of Maslahah in Islamic Economic Cases in Indonesia Mustapa Khamal Rokan; Chuzaimah Batubara; Zulham Zulham
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 1 (2025): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i1.7786

Abstract

This study aims to explain the patterns of the maslahah theory's application in resolving Islamic economic legal disputes by judges in Indonesia. It employs a qualitative approach, relying on primary data collected through questionnaires and in-depth interviews. Questionnaires were distributed to judges of Religious Courts across various regions in Indonesia. At the same time, interviews were conducted directly at five Religious Courts—namely the Religious Courts of Medan, Bandung, Semarang, and Yogyakarta—as well as with a Justice of the Supreme Court. The findings reveal that judges' understanding and application of the maslahah theory in Islamic economic cases remain limited. In many judicial decisions, the standardized contracts used were not initially constructed based on maslahah principles, which subsequently influenced the legal considerations made by judges. The principle of prudence is also not yet fully integrated within the maslahah framework. The challenges to implementing maslahah include limited judicial comprehension of the concept, diverse educational backgrounds that shape varying interpretations, unclear regulations governing Islamic economic law, and low public awareness of the significance of maslahah in Islamic legal reasoning. The academic contribution of this research lies in its empirical mapping of the extent to which the maslahah theory is utilized in the practice of Islamic economic adjudication in Indonesia, along with its proposal of a normative framework to strengthen judicial capacity and reform Islamic economic procedural law based on maqāṣid al-sharī'ah. This study also fills a gap in the literature regarding the intersection between Islamic legal theory and contemporary judicial practice within Indonesia's national legal system
Cyber notary in Islamic Economic Law in Indonesia Ulfia Nur Faiqoh; Nynda Fatmawati Octarina
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 11, No 1 (2024): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v11i1.1949

Abstract

This study discusses the application of cyber notary in sharia economic transactions in Indonesia, focusing on the challenges and potentials related to legal certainty. The main problems faced are how to maintain the validity of electronic contracts in accordance with the principles of sharia law, as well as challenges such as data protection, privacy, and digital infrastructure gaps. This research uses normative legal methods with legislative and conceptual approaches, as well as utilizing primary data sources from related regulations and secondary legal materials from academic literature. The results of the study show that cyber notary has great potential to increase efficiency and reduce costs in Islamic economic transactions. However, significant challenges related to electronic document verification and data security remain major obstacles. This research recommends the need for clearer harmonization of laws and regulations, improvement of digital infrastructure, and strengthening of the data security system. With these steps, cyber notary can be an effective instrument in supporting the development of sharia economic transactions, while still ensuring compliance with sharia principles such as honesty, fairness, and clarity. Thus, the implementation of cyber notary has the potential to bring positive changes in the Islamic economic legal system in Indonesia, provided that these challenges can be overcome effectively.
Contracts as the Main Legal Basis in Islamic Economic Disputes: A Juridical-Empirical Study of Lawlessness in Religious Courts Chandra Chandra; Beni Ahmad Saebani; Ija Suntana; Hasan Bisri
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 13, No 1 (2026): January-June
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v13i1.10669

Abstract

Despite the growing body of literature on Islamic economic dispute resolution, no study has systematically reconstructed the conceptual boundary between unlawful acts (perbuatan melawan hukum) and contractual default (wanprestasi) within the framework of sharia contract law. This gap produces legal inconsistency and undermines substantive justice in Indonesian Religious Courts. This study critically examines and reconceptualizes the application of unlawful act doctrine in sharia economic disputes, proposing a contract-centered legal reasoning model integrated with maqāṣid al-sharī'ah as a normative corrective framework. A juridical-empirical approach with qualitative case study design was employed. Data were drawn from Religious Court decisions on sharia economic disputes, supplemented by in-depth interviews with judicial officials and systematic documentary analysis of the Compilation of Sharia Economic Law (KHES) and DSN-MUI fatwas. Inductive thematic analysis followed the Miles and Huberman interactive model, with source and method triangulation to ensure validity. Judges consistently accepted unlawful act claims in contract-originated disputes without adequately examining the contractual structure as the primary legal foundation. References to KHES and DSN-MUI fatwas were marginal and non-systemic, resulting in significant inter-decision inconsistency across cases with substantively similar fact patterns. Practical flexibility in evidentiary standards emerged as a key driver of this misqualification. This study is the first to offer a conceptual reconstruction of unlawful act doctrine within sharia economic dispute law by positioning the contract as the primary analytical anchor and unlawful acts as a residual legal regime, applicable only when the disputed conduct falls entirely outside the contractual relationship. Unlike prior work focused on institutional or procedural dimensions, this study integrates modern contract law theory, socio-legal analysis, and maqāṣid al-sharī'ah into a coherent normative framework for religious court adjudication. The findings provide actionable guidance for judges, policymakers, and the Supreme Court in developing interpretive standards that strengthen legal certainty and sharia compliance in Islamic economic justice
Normativity and Historicity of Imam Syafii's Rejection of Hisab in Determining the Beginning of the Hijri Month Kusdiyana Kusdiyana; Badrun Taman; Mahkamah Mahdi
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 10, No 1 (2023): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v10i1.2947

Abstract

This article examines Imam Syafi'i 's thoughts about determining the beginning of the Hijriyah month without using reckoning. The research method used is library research with a socio-political approach. Primary data is taken from the books by Imam Syafi'i and the scholars of the Shafi'i sect. Data were analyzed using interpretation, deductive-inductive, and historical continuity techniques. The findings of this study are that Imam Syafii determines the beginning of the Hijri month by sighting and the testimony of two fair people. If this is not fulfilled, Imam Syafii determines it with stigma, namely the fulfillment of the day in the month with 30 days. The factor of not using reckoning is due to the tendency of Imam Syafii as Nashir al-Hadith, so the meaning of Imam Syafii for " faqduru lah "is not oriented towards rationality with the science of reckoning which has a different meaning, compared to the meaning of al-hadith bi al-hadith as a form taking one hadith with another hadith that is considered closer in meaning. The socio-political conditions at that time also influenced because the rationalists had succeeded in getting closer to him; the government is currently intensively carrying out scientific reforms, and they are always spreading Inkar as-Sunnah teachings which can threaten the position of sunnah. So that the spirit in the development of science, including reckoning at that time, was more dominant in its rationality than the Syar'i element
DISTRIBUSI MENURUT EKONOMI ISLAM Suansar Khatib
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 3, No 2 (2016): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v3i2.1036

Abstract

Memahami sistem ekonomi Islam secara utuh dan komprehensif, selain memerlukan pemahaman tentang Islam juga memerlukan pemahaman yang memadai tentang pengetahuan ekonomi umum mutakhir. Keterbatasan dalam pemahaman Islam akan berakibat pada tidak dipahaminya sistem ekonomi Islam secara utuh dan menyeluruh, mulai dari aspek fundamental ideologis sampai pemahaman konsep serta aplikasi praktis. Akibatnya tidak jarang pemahaman yang muncul, hanya menganggap bahwa sistem ekonomi Islam tidak berbeda dengan sistem ekonomi umum yang selama ini ada hanya minus sistem ribawi ditambah dengan zis (zakat, infak, sedekah) juga disertai adanya prinsip-prinsip akhlak yang diperlukan dalam kegiatan ekonomi.

Page 13 of 31 | Total Record : 303

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